JOSHI, J. - (1.) Accused Kalu @ Deva, s/o Hakara , b/c Meena, r/o Kulmi, Police Station Jakham, and Dalji s/o Phooliya, b/c Meena, r/o Pleta have preferred this appeal, against the judgment and order dated 12.09.03 passed by the learned Addl. District & Sessions Judge (Fast Track), Pratapgarh in Sessions Case No.34/2003, whereby they have been convicted for the commission of offence under section 302/34 IPC and sentenced to undergo life imprisonment and a fine of Rs.5,000/- and in default of payment of fine, to further undergo six months' simple imprisonment.
(2.) The facts of the prosecution story, as unfolded during the trial, are that on 25.02.02, complainant Kalu s/o Hukiya, gave an oral information at the police station Jakham, stating that when he was returning to his house at 05.30 PM, one Rama Meena informed him near Jakham Gate,that at about 03.00 PM Homla had gone to to the forest for grazing his cattle, where Devji had also reached. There they heard the hue and cry of a lady. They had seen that Smt. Mahili d/o Kalu Meena, was being beaten by her husband, Kalu @ Deva and her brother -inlaw Dalji. Dalji had caught hold of Smt. Mahilil and Kalu was beating her, as a result of which, Mahili had died. On this information, a criminal case No.20/2002 was registered and the investigation commenced.
(3.) During the course of investigation, statement of the witnesses were recorded, accused appellants were arrested, autopsy was conducted on the body of deceased Smt. Mahili, silver ornaments which were worn by the deceased at the time of her death, were recovered and after usual investigation, a charge sheet was filed in the court of Judicial Magistrate, First Class, Pratapgarh, from where the case was committed to the court of Sessions Judge, Pratapgarh and ultimately the case was transferred for trial to the court of learned Addl.District & Sessions Judge, (Fast Track),Pratapgarh.;